PROCEDURE-COURT

Landlord Gets Money Judgment in Nonpayment Case Without Personal Delivery of Court Papers to Tenant

April 28, 2017    

Landlord sued to evict tenant for nonpayment of rent. The Rochester city court ruled for landlord in part based on tenant’s failure to appear. Landlord was entitled to a judgment of possession and eviction...

Landlord Must Produce Witness List Before Nuisance Trial

April 28, 2017    

Landlord sued to evict tenant for creating a nuisance. Tenant sought pretrial document production from landlord. The court ruled for tenant, who later asked the court to dismiss the case based on landlord’s...

Landlord Renewed Tenant's Lease After Terminating Tenancy

April 28, 2017    

Landlord sued to evict rent-stabilized tenant for creating a nuisance. Tenant asked the court to dismiss the case because landlord sent tenant a renewal lease after terminating the tenancy. Landlord argued that it...

Court Finds Process Server’s Signatures Inconsistent

April 28, 2017    

Landlord sued to evict two tenants for nonpayment of rent, then sought default judgments when tenants failed to respond. The court ruled against landlord. Affidavits of service indicated that a licensed process...

Tenants Can Pursue Class Action Against Landlord Based on Response to Superstorm Sandy

April 24, 2017    

Tenants sought to represent a class of residential and commercial tenants of their building, claiming that landlord was negligent by failing to properly secure the building prior to Superstorm Sandy and in connection...

Termination Notice Didn't State That Tenant Didn't Cure Defaults

February 13, 2017    

Landlord sued to evict tenant, claiming that tenant had breached a substantial obligation of her tenancy, had permitted a nuisance in her apartment, and had denied landlord access to make necessary repairs. The court...

Landlord Sufficiently Identified Apartment Occupant in Court Papers

January 19, 2017    

Landlord sued to evict apartment occupants, claiming that they were licensees or squatters. One of the occupants asked the court to dismiss the case. He claimed that landlord failed to name a necessary party because...

Eviction Case Dismissed Due to Untimely Completion of Service

January 19, 2017    

Landlord sued to evict tenant for chronic nonpayment of rent. Tenant asked the court to dismiss the case on procedural grounds. Tenant argued that landlord’s filing of its court petition was completed two days...

Court Excuses Landlord's Default in Eviction Proceeding

December 20, 2016    

Landlord sued to evict rent-stabilized tenant’s grandson after tenant died. The court dismissed the case based on landlord’s failure to appear in court. Landlord later asked the court to excuse its...

Tenant Brought Multiple Groundless Lawsuits Against Landlord

December 20, 2016    

Landlord sued permanent tenant, claiming abuse of process and sought a permanent injunction barring tenant from filing any further proceedings or motions without prior court approval and unless tenant was represented...

Building Not Registered as Multiple Dwelling When Case Commenced

December 20, 2016    

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case based on landlord’s failure to properly describe the premises or to properly register the building as a multiple...

No Termination Notice Required Before Eviction Proceeding

December 15, 2016    

Landlord sued to evict unregulated tenant whose lease had expired. Tenant claimed that landlord hadn’t first sent him a termination notice. The court ruled for tenant and dismissed the case. Landlord appealed...

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